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(영문) 서울중앙지방법원 2018.01.09 2017가단5006378
양수금
Text

1. The Defendants jointly and severally pay KRW 50,000,000 to the Plaintiff, but Defendant B is an asset inherited from the network C.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in attached Form 1;

(Provided, That the creditor shall be deemed the plaintiff, the debtor, and the defendant).

Judgment by public notice: Article 208(3)3 of the Civil Procedure Act

2. The facts in the separate sheet of claim as to the claim against the defendant B do not conflict between the parties, or can be acknowledged in full view of the respective entries in Gap evidence Nos. 1 through 3 and the whole purport of pleadings.

In addition, comprehensively taking account of the purport of evidence Nos. 1 and 2, the fact that the network C, which jointly and severally guaranteed Defendant A’s debt, died on October 14, 201, among the deceased C’s inheritors, filed a report of renunciation of inheritance under the G, E, and F, Young-gu 189, Youngcheon District Court’s Young-gu Branch of Youngcheon District Court, and the fact that Defendant B received the report by filing a report of re-approval of inheritance under the Chuncheon District Court’s Young-do Branch of Youngcheon District Court’s Young-do Branch of 2011.190.

Accordingly, Defendant B is jointly and severally obligated with Defendant A to pay KRW 50,000,000 to the Plaintiff within the scope of the property inherited from the deceased C, as requested by the Plaintiff.

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